Current version for 8 January 2018 to date (accessed 18 February 2018 at 15:44)

Part 6

Part 6 Statutory rules and certain other instruments

39The making of statutory rules

(1) A statutory rule:

(a) shall be published on the NSW legislation website, and

(b) commences on the day on which it is so published or, if a later day is specified in the rule for that purpose, on the later day so specified.

(2) Subsection (1) does not prevent a statutory rule from specifying different days for the commencement of different portions of the rule.

(2A) Neither the whole nor any part of a statutory rule is invalid merely because (without statutory authority) the statutory rule is published on the NSW legislation website after the day on which one or more of its provisions is or are expressed to commence. In that case, that or those provisions commence on the day the statutory rule is published on the NSW legislation website, instead of on the earlier day.

(3) If an Act provides for the making of a statutory rule by a person or body other than the Governor, but the rule is required by law to be approved or confirmed by the Governor, subsections (1) and (2A) do not apply to the rule unless it has been approved or confirmed as so required.

(4) The Governor may, by order published on the NSW legislation website, exclude any specified class of statutory rules from the application of this section, but may do so only:

(a) in respect of statutory rules made under Acts passed before the commencement of this Act, and

(b) if, immediately before the commencement of this Act, section 41 of the Interpretation Act 1897 did not apply to statutory rules of that class.

(5) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly.

40Notice of statutory rules to be tabled

(1) Written notice of the making of a statutory rule must be laid before each House of Parliament within 14 sitting days of that House after the day on which it is published on the NSW legislation website.

(2) A written notice is to identify the statutory rule to which it relates.

(3) A written notice shall identify a statutory rule by reference to:

(a) the Act under which it is made, and

(b) its citation (if any),

but need not refer to this Act merely because of the operation of section 26 or 43 in relation to the making of the statutory rule.

(3A) A written notice may be laid before a House of Parliament by a Minister or by the Clerk of that House.

(4) Failure to lay a written notice before each House of Parliament in accordance with this section does not affect the validity of a statutory rule, but such a notice must nevertheless be laid before each House.

(5) Any provision of an Act that relates to the laying before each House of Parliament of statutory rules made under the Act is of no effect.

(6) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly.

41Disallowance of statutory rules

(1) Either House of Parliament may pass a resolution disallowing a statutory rule:

(a) at any time before the relevant written notice is laid before the House, or

(b) at any time after the relevant written notice is laid before the House, but only if notice of the resolution was given within 15 sitting days of the House after the relevant written notice was so laid.

(2) On the passing of a resolution disallowing a statutory rule, the rule shall cease to have effect.

(3) The disallowance of a statutory rule has the same effect as a repeal of the rule.

(4) If:

(a) a statutory rule ceases to have effect by virtue of its disallowance, and

(b) the rule amended or repealed some other Act or statutory rule that was in force immediately before the rule took effect,

the disallowance of the rule has the effect of restoring or reviving the other Act or statutory rule, as it was immediately before it was amended or repealed, as if the rule had not been made.

(5) The restoration or revival of an Act or statutory rule pursuant to subsection (4) takes effect on the day on which the statutory rule by which it was amended or repealed ceases to have effect.

(6) This section applies to a portion of a statutory rule in the same way as it applies to the whole of a statutory rule.

(7) Any provision of an Act that relates to the disallowance of statutory rules made under the Act is of no effect.

(8) This section does not apply to the Standing Rules and Orders of the Legislative Council and Legislative Assembly.

(9) This section does not limit any provision of an Act (for example, section 14A (6) of the Constitution Act 1902) that provides that a statutory rule shall not cease to have effect upon its disallowance by either House of Parliament unless it has previously been disallowed by the other House of Parliament.

42Matters for which statutory rules may make provision

(1) If an Act authorises or requires provision to be made for or with respect to any matter by a statutory rule, such a rule may make provision for or with respect to that matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or of any other publication, whether of the same or of a different kind.

(2) A statutory rule may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

(3) This section applies to a statutory rule in addition to, and without limiting the effect of, any provision of the Act under which the rule is made.

(4) The Governor may, by order published in the Gazette, exclude any specified class of statutory rules from the application of subsection (1) or (2), but may do so only in respect of statutory rules made under Acts passed before the commencement of this Act.

43Implied power to amend or repeal statutory rules and orders

(1) If an Act confers a power on any person or body to make a statutory rule, the power includes power to amend or repeal any statutory rule made in the exercise of that power.

(2) If an Act or statutory rule confers a power on any person or body to make an order (whether or not the order must be in writing), the power includes power to amend or repeal any order made in the exercise of that power.

(3) If the power of a person or body to make a statutory rule or order is exercisable only on the recommendation, or with the approval or consent, of some other person or body, the power to amend or repeal a statutory rule or order made in the exercise of that power is exercisable only on the recommendation, or with the approval or consent, of that other person or body.

44(Repealed)

45Presumption of validity of certain instruments

(1) It shall be presumed, in the absence of evidence to the contrary, that all conditions and preliminary steps precedent to the making of an instrument have been complied with and performed.

(2) In this section:

instrument means:

(a) an instrument:

(i) that is made by the Governor, or

(ii) that is made by a person or body other than the Governor, but is required by law to be approved or confirmed by the Governor, or

(b) a rule of court, or

(c) an environmental planning instrument,

being an instrument or rule of court that is required by law to be published on the NSW legislation website or in the Gazette.

45ATabling of instruments

An instrument that, under any other Act, may or must be tabled in a House of Parliament (without any indication as to who is authorised or required to table it) may be laid before the House by a Minister or the Clerk of the House. This section does not affect any other way in which the instrument can be laid before the House.